Mavaddat v Westpac Banking Corporation

[2014] WASCA 128

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Appeals
3. › Compliance with court orders
4. › Self-executing orders
5. › Service of documents by email after 4.00 pm
6. › Whether service effected on same day or next business day
7. › Rules of the Supreme Court 1971 (WA), O 72 r 5A
1. Practice and Procedure
2. › Appeals
3. › Dismissal for want of prosecution
4. › Whether appeal should be dismissed for failure to comply with extension of time order
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Appeals
3. › Dismissal for no reasonable prospect of success
4. › Whether grounds of appeal had reasonable prospect of succeeding
5. › Supreme Court (Court of Appeal) Rules 2005 (WA), r 43(2)(g)(i)
1. Practice and Procedure
2. › Summary judgment
3. › Appellate review of refusal to adjourn
4. › Whether discretionary decision to refuse adjournment involved material error of fact or law
5. › Standard of appellate restraint for interlocutory orders concerning practice and procedure

Quick Take

An email sent after 4.00 pm on the last day for compliance with a self-executing order is deemed served on the next business day under O 72 r 5A of the Rules of the Supreme Court 1971 (WA), with the consequence that the order is not complied with and the appeal stands dismissed. Unsworn medical certificates in general terms, without specificity as to the nature of the condition or inability to attend court, are insufficient to support an adjournment application in the context of repeated delays.